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Gulam Miriam Noordin v. Julius Charo Karisa

(2015) JELR 105067 (CA)

Court of Appeal  •  Civil Appeal 26 of 2015  •  4 Dec 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The appellant, a holder of a registered indenture in respect of a portion of land known as No.7729 Malindi measuring 0.940 ha brought an action in the High Court for the eviction of the respondent who she claimed to have trespassed on the suit property and was erecting a house thereon. The respondent’s response was that the appellant was a stranger and that having been on the suit property since birth and his parents and forefathers having settled on the suit property, he was entitled to it by operation of the law of limitation of actions.

The appellant adduced oral evidence to prove her claim while the respondent also called evidence to assert his defence. After receiving the competing evidence by both sides the learned Judge (Angote, J) entered judgment for the respondent holding that pursuant to section 7 of the Limitation of Actions Act the appellant’s claim to the suit property was extinguished in view of the respondent’s evidence that he was born on the suit …

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